State v. Hatcher

STROUD, Judge.

Ladarrius Hatcher (“defendant”) appeals from the judgment entered on or about 16 November 2012 after a jury found him guilty of murder in the second- degree. For the following reasons, we vacate defendant’s conviction for murder in the second degree and remand for entry of judgment and resentencing on involuntary manslaughter.

I. Background

On 10 January 2011, defendant was indicted by a grand jury in Edgecombe County for the murder of Murray Chamberlin by short form indictment. Defendant pled not guilty and proceeded to jury trial. At trial, the State’s evidence tended to show…